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Woman’s €760,000 injury claim dismissed after she admits she won Christmas tree-throwing competition

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  • Registered Users, Registered Users 2 Posts: 2,828 ✭✭✭brokenbad




  • Registered Users, Registered Users 2 Posts: 578 ✭✭✭VillageIdiot71


    I know what you mean, but at the same time should doctors not just say that? If their expert advice was "the patient reports pain, but I've no idea if that report is real" would anybody making a claim pay them for their advice?



  • Registered Users, Registered Users 2 Posts: 10,406 ✭✭✭✭SuperBowserWorld


    Rockin' around the Christmas tree.



  • Registered Users, Registered Users 2 Posts: 44,337 ✭✭✭✭Boggles


    The problem isn't with this con artist.

    It's the ones looking for 40K and below where the insurance company will liberally pay out.



  • Moderators, Category Moderators, Education Moderators, Paid Member Posts: 27,498 CMod ✭✭✭✭spurious


    The 'eff off money' recipients - again enabled by upstanding solicitors.

    Cheaper than getting it to the barristers. Ker ching!



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  • Registered Users, Registered Users 2 Posts: 603 ✭✭✭Smouse156


    But will she pay anything? Is there free legal aid for personal injury claims? It’s a complete joke if there is



  • Registered Users, Registered Users 2 Posts: 2,905 ✭✭✭JVince


    No, but solicitors can waive their fees.

    She will have paid all the costs of the reports and here consultant visits and won't reclaim them.

    On the hook for the other side's costs but if she has no assets, it little use going after her.



  • Registered Users, Registered Users 2 Posts: 8,005 ✭✭✭amacca


    Perhaps it was a brain injury and she didn't even realise she was throwing Christmas trees, she might have thought she was playing mahjong!



  • Registered Users, Registered Users 2 Posts: 6,792 ✭✭✭silliussoddius


    She would have gotten away with it if she went for a lower amount instead of sprucing it up.



  • Registered Users, Registered Users 2 Posts: 662 ✭✭✭Minier81


    She made it to fox news yesterday

    https://www.foxnews.com/world/mom-loses-disability-case-news-reports-shows-her-winning-tree-throwing-competition



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  • Registered Users, Registered Users 2 Posts: 39,598 ✭✭✭✭BorneTobyWilde


    Seems weird to dismiss all her injuries, just because she threw a tree.



  • Registered Users, Registered Users 2 Posts: 9,149 ✭✭✭Trampas


    Should the medical examiners be questioned about their reports but I assume they have their back sides well covered.



  • Registered Users, Registered Users 2, Paid Member Posts: 8,929 ✭✭✭El Gato De Negocios


    Part of the issue is that in alot of cases, the injuries cannot conclusively be proved or disproved. Ive seen enough medical reports in my time to know that most physicians will not deal in absolutes but will outline what their examination indicated, eg

    "patient was checked for XYZ range of movement and reported pain/discomfort/lack of movement range"

    They dont say conclusively that the patient is genuine, they just state what they are presented with.

    Whiplash / soft tissue injuries cannot be diagnosed beyond reasonable doubt so more often than not, the law will side with the claimant.



  • Registered Users, Registered Users 2 Posts: 9,149 ✭✭✭Trampas


    For 760k I’d be expecting more than its sore. I’d be expecting some serious concrete evidence. Some range of motion resistance.



  • Registered Users, Registered Users 2 Posts: 1,934 ✭✭✭thebiglad


    100% agree that the system is poor for medico legal reporting but, it is fundamentally how doctors are trained and practice every day in non-insurance elements of their work.

    You turn up at the GP/Consultant with pain or issue and they will take you at your word and try to find out what ails you - this could take months of testing if the symptoms are not visible. Now, with an insurance claimant they have basically 15 minutes to interview, examine and then report so, they will just repeat what they are told.

    The insurers would have obtained their own reports which may have said the complaints are not consistent etc - this is what likely led to the investigations which discovered the tree tossing (unless someone called the fraud hotline and, it dropped in their laps).



  • Registered Users, Registered Users 2 Posts: 504 ✭✭✭vinniem


    Exactly, it's fraud so she should be persued through the courts!



  • Registered Users, Registered Users 2, Paid Member Posts: 8,929 ✭✭✭El Gato De Negocios


    The biggest issue and driver of this has been and remains to be the legal system. They have creamed it in for decades, adding on average 40% costs to every claim.

    Most of them operated on a no win no fee basis, I can see that changing as more and more spurious claims are thrown out, they will begin charging retainers before agreeing to take on cases.

    Alot of people won't have the capacity to guarantee they will pay their solicitors several thousand if the claim is unsuccessful so this should in turn move more people towards PIAB.



  • Posts: 3,330 ✭✭✭ [Deleted User]


    So many easy fixes to these false claims

    1) jail time for the lady who lied to court, she committed perjury

    2) all disability allowance which she claimed over the years to be recouped

    3) a bond or deposit to be paid by the plaintiff when taking such a case, repayable if they win, forfeited if they lose so as to covers costs

    4) a bond or deposit to be paid by the solicitor taking the case, as above

    5) an end to no foal no fee type fee structures for solicitors

    But most of this would impact the income of the legal profession, so would never be implemented.



  • Moderators, Politics Moderators, Paid Member Posts: 46,325 Mod ✭✭✭✭Seth Brundle


    Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/ .



  • Registered Users, Registered Users 2, Paid Member Posts: 23,413 ✭✭✭✭Ash.J.Williams




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  • Registered Users, Registered Users 2 Posts: 44,337 ✭✭✭✭Boggles


    It would nearly be worth setting up a PI company to get these investigation contracts off the insurance companies.

    The days of sitting in a car for hours or days with a camera are long gone.

    This one like so many others were rumbled by a simple google search and a look at her social media.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,406 ✭✭✭Field east


    When AND WHErE did this happen.? The whole situation re physical/mental claims like this is that it is assumed by almost all that the claims are genuine. And therefor there is little or no effort made to DOUBLE CHECK did the accident actually happen, was it as severe as was stated, etc, etc.

    I am aware of a situation of someone walking into the front of a truck that was parked and was back playing hurling, golf and cycling the following week. Won €150,000=She claimed that the truck was morning and drove into her.

    another case where another individual imported an expensive machine that went on fire under very suspicious circumstances- it being only two weeks in his possession. The guy told a neighbour that he was not happy with the machine because of its performance. Insurance paid out again

    no wonder insurance premiums are so high with this kind of carryon



  • Registered Users, Registered Users 2 Posts: 44,337 ✭✭✭✭Boggles


    The vast majority of claims don't end up in court.

    In a lot of circumstances people have no choice but to get their solicitor involved because the insurance company is acting the complete bollíx.

    Lets not be going down the route of pretending the insurance companies and their billion euro monopoly are the good guys here.



  • Posts: 7,681 ✭✭✭ [Deleted User]


    Which may be true as she was seen lifting a tree not a bag 😁



  • Registered Users, Registered Users 2 Posts: 261 ✭✭jbv


    Doctors are still getting paid for the reports.



  • Registered Users, Registered Users 2 Posts: 3,009 ✭✭✭Nermal


    Insurers operate within the bounds of what judges do. If judges start throwing out claims for unprovable injuries, insurers will stop paying them.



  • Registered Users, Registered Users 2 Posts: 44,337 ✭✭✭✭Boggles


    The vast vast majority of cases don't get near a Judge. Roughly 5% of claims do.

    Insurance companies operate in the bounds of what gives them the highest profit margin. They choose to pay out on 75% of claims, the details of this is a guarded secret.

    You always hear the stories of people getting high pay outs but never the 1000s who get low balled.

    I'm not defending solicitors that are playing the game, but the insurance are fully committed and togged out too.

    They blame each other whilst the vast vast majority of people who don't make any sort of fraudulent claim or claim at all have no choice but to pay for the gravy train.



  • Registered Users, Registered Users 2, Paid Member Posts: 8,929 ✭✭✭El Gato De Negocios


    Nonsense also re people needing to get solicitors involved, the majority of time it's to try and get more money from insurance companies, not because insurance companies are acting the bollix.



  • Registered Users, Registered Users 2 Posts: 44,337 ✭✭✭✭Boggles




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  • Registered Users, Registered Users 2 Posts: 3,009 ✭✭✭Nermal


    The cases that make it in front of judges set the framework for settlement for those that don't.



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